Andhra Pradesh

Full bench of judges to decide HC jurisdiction

The issue of jurisdiction of Hyderabad High Court over issues relating to Andhra Pradesh took an unexpected turn on Friday when the bench headed by the Chef Justice declared that a full bench of three judges will be constituted to decide this contentious issue.

Justice L. Narasimha Reddy passed orders last week directing the Attorney General of India to respond to this issue. The judge was dealing with a contempt case wherein the Collector of Anantapur district was asked to show-cause why contempt case shall not be proceeded against him for alleged violation of orders of the court which were passed prior to bifurcation. The judge noted that “Serious questions of jurisdiction arise in this scenario. Added to that, the High Court of undivided State of Andhra Pradesh functioned as the one constituted under Article 214 of the Constitution of India.

A serious doubt arises as to whether the High Court has been transformed to be the one under Article 231 of the Constitution of India.” Amicus curie was appointed and the case was listed to this Friday. Sitaram Chaparla, practicing advocate moved urgent motion before the bench comprising of Chief Justice Kalyanjyoti Sengupta and Justice P.V. Sanjay Kumar.

He said that single judge is proceeding to adjudicate the crucial issue and there will be serious fallout. The registry took objection to the maintainability of the appeal as he is not a party to proceedings before the single judge. The bench said that it may be treated as Letters Patent Appeal (LPA) and declared that full bench will hear this issue.

Now the case is listed to next Friday before justice Reddy.




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Printable version | Dec 1, 2021 1:51:07 PM | https://www.thehindu.com/news/national/andhra-pradesh/full-bench-of-judges-to-decide-hc-jurisdiction/article6155928.ece

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